Delray resident asks for ethics investigation into Mayor McDuffie

June 13, 2012|By Maria Herrera, Sun Sentinel

Delray Beach — A resident of the Tropic Isle neighborhood said he has written a letter to the Palm Beach County Commission on Ethics asking for an investigation against Mayor Woodie McDuffie, claiming the mayor improperly handled a rezoning hearing in March.

"I have nothing against Mayor Woodie McDuffie at a personal level," said Richard Van Gemert. "But I feel the meeting was not conducted in a proper manner. This was an item of major importance and it could have been handled in a more appropriate manner."

At the March 20 hearing, The City Commission considered rezoning a 10-acre property on the southeast corner of Linton Boulevard and South Federal Highway, but voted unanimously to postpone it.

The postponement enraged residents. After much deliberation by the Commission and public input by nearly 100 residents against rezoning the property for commercial use, it looked as if four out of five commissioners were going to vote against it.

Instead of calling for a vote, McDuffie advised the property owner to seek an alternate designation at the suggestion of former City Commissioner Jay Alperin.

Postponing the vote allowed the owners, Retail Management Group, to either withdraw its application to seek a different designation or continue seeking the general commercial designation that would allow construction of a shopping center. A "No" vote would have prevented the property owner from reapplying within a year.

In his letter to the Commission on Ethics, Van Gemert said that "after hearing the comments from the other commissioners and realizing that the rezoning application facing a definite defeat, the Mayor attempted to revive the matter, and this is where I believe the Mayor violated ethics and protocol, by deviating from established Quasi-Judicial hearings."

McDuffie said the complaint was dismissed because it is legally insufficient.

"I spoke to them myself," McDuffie said of the Commission on Ethics.

However, Ethics Commission Executive Director Al Johnson said he could neither confirm nor deny an investigation. He said if a formal complaint is filed, the ethics commission hears the issue and makes a ruling. Only then, do the complaint and the result become public record.

"A person sending a letter is not a formal complaint, and it may never reach the commission," Johnson said.

The five-member Ethics Commission was created in 2010 as part of reforms prompted by scandals led to four county commissioners resigning and pleading guilty to criminal charges related to misuse of office.

Ethics violations are punishable by reprimands and prosecution by the State Attorney's Office as a first-degree misdemeanor, with maximum penalties of one year in jail and a $1,000 fine.

Since its inception, the Ethics Commission has issued nearly 200 advisory opinions to elected officials, appointees and employees, including making recommendations about whether employees, elected officials and appointees can receive gifts, take part-time jobs with government vendors and whether officials should vote on matters that could pose conflicts.

Meanwhile, Van Gemert said he is unsure how his letter would be handled.

"I just felt that there needed to be some recourse for the citizens," Van Gemert said. "The way that meeting was conducted was not conducive to a good community relationship. We need to be working together to protect our neighborhoods."